Terms of service & liability waiver 

ASSUMPTION OF RISK:

I acknowledge that my presence at, and participation in physical exercise including Muuv, LLC dba Muuv instructional classes (hereinafter referred to as Muuv), and the entry to and use of the equipment, studio and/or services at Muuv, naturally involves the risk of injury or death to me, whether I, Muuv, or someone else causes it. I further acknowledge that specific risks include injuries or death resulting from overexertion, physical adjustment, underlying medical conditions, improper or negligent use of equipment, failure to follow trainer instructions, equipment malfunctions, trainer error, or injuries resulting from participation in an inappropriate level of physical exercise. As such, I understand and voluntarily accept these risks.

HEALTH WARRANTY:

I represent that I am in good physical and mental health, at least 18 years of age, have the necessary current medical approval to engage in physical exercise and instructional classes at Muuv, and have no disability, impairment, injury, disease or ailment preventing me from engaging in physical exercise. I acknowledge that Muuv is relying on this representation and I understand that Muuv does not and will not investigate or certify my health or my fitness to participate in physical exercise and instructional classes in the studio.

RELEASE AND WAIVER OF LIABILITY:

I, individually, and on behalf of my spouse, partner, heirs, children, unborn children, next of kin, guardians, legal representatives, and assigns, agree not to sue and hereby agree to defend, indemnify, release, and hold harmless Muuv, and its members, managers, shareholders, officers, directors, employees, staff, volunteers, studio members, contractors, representatives, agents, successors, assigns, and affiliated entities and the owner/lessor of Muuv and its studio (collectively, the “Releasees”) from all actions, claims, demands, suits, losses, liabilities, charges, damages, judgments, liability, losses, expenses (including, without limitation, attorneys’ fees), and costs of any nature whatsoever which may arise out of, relate to, or result from, any death or injury, including, without limitation, personal, bodily or mental injury, illness, economic loss, personal property damage, or any damage to me or my spouse or partner, guest, unborn child, or relatives resulting from my participation in physical exercise and instructional classes at Muuv, entry to, or use of, the studio(s), equipment or services at Muuv, the negligence of Muuv, anyone on Muuv’s behalf or anyone using Muuv’s, equipment, facilities, studio(s) or services (collectively, “Claims”), except such asto the extent such Claims may arise out of the gross negligence or willful misconduct of the Releasees. This release and waiver of liability (this “Release”) is intended to be a complete release of any responsibility for death, illness, personal injuries and/or property loss/damage sustained by me while at Muuv, whether using exercise

equipment, participating in active or passive exercise, or not. I understand that this Release is intended to be as broad and inclusive as is permitted by the laws of the State of California and that if any portion of this Release is held invalid, I agree that the balance of this Release should continue in full force and effect. I further waive all Claims against and release Releasees from, and agree to indemnify and hold harmless the Releasees and all of their respective staff, coaches, instructors, officers, members, employees, volunteers, independent contractors, agents, representatives, heirs,

executors, successors or assigns from and against any liability for the injury or death of any person(s) and damage to property or loss resulting from, or in any way related to my negligent or intentional act or omission while participating in physical exercise and activities or my entry to Muuv facilities and/or studio. I have carefully read this waiver and release agreement and understand the terms set forth herein and that this is a legally binding document that affects my rights and remedies.

I agree that my use of the Muuv studios and equipment and my use of this website constitute acceptance and agreement to this Release and Waiver of Liability and constitute my signature and binding consent thereto.

muuv'S PROPRIETARY RIGHTS

You acknowledge and agree that Muuv, LLC’s content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of this website and the Muuv, LLC’s studio and services (collectively the "Content") is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

Certain of the names, logos, and other materials displayed on our website and in our studio constitute trademarks, copyright and other intellectual property collectively referred to as "IP rights" of Muuv, LLC. You agree that we retain and own all right, title and interest in the Content and IP Rights, and that these terms do not transfer or convey to you any ownership right, title or interest in or to the Content and IP Rights, and that you will not contest or challenge the ownership of the Content and IP Rights.

DISCLAIMER OF WARRANTIES

The Muuv, LLC services are provided on an "as is" and "as available" basis and the warranties on the part of Muuv, LLC contained in these Terms of Service are given in place of and replace, exclude and extinguish all and every other condition or warranty whatsoever on the part of Muuv, LLC, written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom or otherwise to the full extent permitted by law. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MUUV, LLC EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.